Karnataka High Court
Aishwarya Amaze Apartment Owners ... vs The State Of Karnataka on 2 March, 2020
Equivalent citations: AIRONLINE 2020 KAR 900
Author: Abhay S. Oka
Bench: Abhay S. Oka
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF MARCH, 2020
PRESENT
THE HON'BLE MR. ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
WRIT PETITION NO.4658/2020 (GM-POL)
BETWEEN
1. AISHWARYA AMAZE APARTMENT
OWNER'S WELFARE ASSOCIATION
NO.33/2, DEVARA CHIKKANAHALLI MAIN ROAD
NEAR D-MART, BANGALORE-560076
REP BY ITS PRESIDENT
MR. RAJESH KRISHNA NAIK
2. GK GOLDEN CITY APARTMENT
OWNERS ASSOCIATION
KUDLU VILLAGE, HARLUR MAIN ROAD
PARAPPANA AGRAHARA-560068
REP BY ITS PRESIDENT
MR. PRONOY BHATTACHARJEE
3. MAHAVEER LAUREL APARTMENT
OWNER'S ASSOCIATION, 2ND CROSS
MANJUNATHA LAYOUT, KODICHIKKANAHALLI
BANGALORE-560076
REP BY ITS AUTHORIZED SIGNATORY
MR. NITIN NAIDU
4. MANTRI SAROVARA APARTMENT
OWNERS ASSOCIATION
MANTRI SAROVARA APARTMENT
OPP. AGARA LAKE, HSR LAYOUT
SECTOR 4, BANGALORE-560102
REP BY ITS AUTHORIZED SIGNATORY
MR. BARNALI PAUL
2
5. SOBHA HIBISCUS CONDOMINIUM
SY.NO.6/1 AND 6/2
AMBALIPURA VILLAGE
VARTHUR HOBLI
BANGALORE EAST TALUK
BENGALURU URBAN DISTRICT-560103
REP BY ITS AUTHORIZED SIGNATORY
MR. K BALAKRISHNAN
6. SOBHA QUARTZ OWNERS ASSOCIATION
'SOBHA QUARTZ', PALM AVENUE
GREEN GLEN LAYOUT
OUTER RING ROAD
NEAR INDIAN OIL PETROL PUMP
BELLANDUR, BENGALURU-560103
REP BY ITS AUTHORIZED SIGNATORY
MR. KRISHNAN GANAPATHY
7. SUMUKHA MAPLE GROVE
OWNERS' ASSOCIATION
YELENAHALLI ROAD
NEXT TO SAFARI SUPER MARKET
AKSHAYA NAGAR
OFF. BANNERGHATTA ROAD
BANGALORE-560068
REP BY ITS AUTHORIZED SIGNATORY
N SUBRAMANIAN
8. VISHWOTHAMA APARTMENT
OWNERS WELFARE ASSOCIATION
NEAR JAMBUSAVARI DINNE BUS STOP
J P NAGAR, 8TH PHASE
BENGALURU-560083
REP BY ITS AUTHORIZED SIGNATORY
MRS. VASUDHARINI SRINIVASAN
...PETITIONERS
(BY SMT. SPANDANA ASHWATH, ADVOCATE FOR
SRI SHREYAS JAYASIMHA, ADVOCATE)
3
AND
1. THE STATE OF KARNATAKA
VIDHANA SOUDHA, AMBEDKAR VEEDHI
BANGALORE-560001
REP BY ITS CHIEF SECRETARY
2. KARNATAKA STATE POLLUTION
CONTROL BOARD (KSPCB)
PARISARA BHAVAN, # 49
4TH AND 5TH FLOOR, CHURCH STREET
BANGALORE-560001
REPRESENTED BY ITS
SENIOR ENVIRONMENTAL OFFICER
3. BANGALORE DEVELOPMENT AUTHORITY (BDA)
KUMARA PARK WEST, T CHOWDAIAH ROAD
BENGALURU-560020
REP BY ITS CHAIRMAN
4. BANGALORE WATER SUPPLY AND
SEWERAGE BOARD (BWSSB)
2ND FLOOR, CAUVERY BHAVAN
KEMPEGOWDA ROAD
BENGALURU-560009
REP BY ITS CHAIRMAN
5. BANGALORE ELECTRICITY SUPPLY
CO LTD (BESCOM), CORPORATE OFFICE
BESCOM, K R CIRCLE, BANGALORE-560001
REP BY ITS CHAIRMAN
6. DEPARTMENT OF ELECTRICAL INSPECTORATE
GOVERNMENT OF KARNATAKA
NIRMAN BHAVAN, 2ND FLOOR, PO-NO.5148
DR. RAJKUMAR ROAD, RAJAJINAGAR
BENGALURU-560010
REP BY ITS CHIEF ELECTRICAL INSPECTOR
...RESPONDENTS
(BY SRI VIKRAM HUILGOL, HCGP FOR R-1 & 6;
SRI GURURAJ JOSHI, ADVOCATE FOR R-2)
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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
NOTICES DATED 04.12.2019 ISSUED BY RESPONDENT NO.2
TO THE PETITIONERS VIDE ANNEXURES-A1 TO A8
RESPECTIVELY AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS
DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Heard the learned counsel appearing for the petitioners. Issue notice. Sri Gururaj Joshi, the learned counsel waives service for the second respondent and the learned High Court Government Pleader waives service for the first and sixth respondents. Service of notice to other respondents is not necessary.
2. The petitioners are the Associations of apartment owners. The members of the petitioners have occupied a large number of residential apartments. Annexures-A1 to A8 are identical notices issued to the petitioners calling upon them to pay environmental compensation of Rs.5 lakhs as per the order of the National Green Tribunal dated 21st October 2019. Annexures-B1 to B8 are the show cause notices issued by the second respondent calling upon the petitioners to show cause as to why the second respondent should not issue a direction to the fifth 5 respondent (BESCOM) to cut off the power supply to their apartments.
3. As far as Annexures-A1 to A8 are concerned, without giving an opportunity of being heard to the petitioners, the second respondent has called upon them to pay environmental compensation of Rs.5 lakhs.
4. The submission of the learned counsel appearing for the second respondent is that the demand made under Annexures-A1 to A8 is as per the directions issued by the National Green Tribunal under the order dated 21st October 2019. The directions of the National Green Tribunal are quoted in the impugned notices at Annexures-A1 to A8.
5. Even going by what is quoted in the impugned notices at Annexures-A1 to A8, the payment of environmental compensation depends upon the proof of certain defaults which are set out therein. Whether the petitioners have committed the said defaults or not is a matter to be decided after hearing the petitioners especially when they are not parties before the National Green Tribunal. Whether the petitioners are liable to pay environmental compensation is a question of fact which will have 6 to be decided. Therefore, in our view, the demand made at Annexures-A1 to A8 cannot be implemented due to breach of the principles of natural justice.
6. As far as Annexures-B1 to B8 are concerned, they are show cause notices. Therefore, no interference is called for with the show cause notices in writ jurisdiction. However, the members of the petitioners are occupying a large number of residential apartments. If adverse orders are passed on the said show cause notices and if a reasonable time is not available to the petitioners to challenge the orders on the show cause notices, the power supply to the petitioners' residential apartments will be cut off. Therefore, a limited protection has to be granted to the petitioners.
7. Accordingly, we pass the following order:
(i) The notices at Annexures-A1 to A8 shall be treated as show cause notices. The petitioners shall file reply to the said notices within a period of one month from today. No further time shall be granted;
(ii) The Appropriate Authority of the second respondent shall pass necessary orders on the show cause notices 7 (Annexures-A1 to A8) after considering the reply which may be filed by the petitioners and after giving an opportunity of being heard to them;
(iii) As regards the notices at Annexures-B1 to B8 are concerned, though no interference is called for, we direct that in the event orders are passed on the said show cause notices which are adverse to the petitioners, the same shall not be implemented in any manner for a period of 15 days from the date of service of such orders to the respective petitioners;
(iv) We make it clear that we have made no adjudication on any factual controversy and all questions are left open;
(v) Accordingly, the writ petition is disposed of;
(vi) The pending interlocutory application does not survive and is accordingly disposed of.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE bkv